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HomeMy WebLinkAboutencroachment.322 East Bleeker Street.2019Ilillllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll RECEPTION#: 657592, R: $53.00, D: $0.00 DOC CODE: ENCROACH Pg 1 of 9, 07/31/2019 at 09:40:07 AM Janice K. Vos Caudill, Pitkin County, CO REVOCABLE ENCROACHMENT LICENSE APPLICATION For Office Use Only:, 1� ^ Date Received: -7/2� L1 /I0I Permit Number: c — 2Ol01 — 7- ` INSTRUCTIONS: COMPLETE THE FOLLOWING SECTIONS AS IT APPLIES TO YOUR REQUEST THIS LICENSE IS FOR: (CHECK ONE ONLY) ❑✓ PERPETUATUAL UNTIL REVOKED BY THE CITY. ❑ PRE-EXISTING CONDITION AND PERPETUATUAL UNTIL REVOKED BY THE CITY. VALIDATION PERIOD: REQUESTED START DATE: 08.01.19 This Agreement made under this license and entered into this 25th day of July 2019 , by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "ASPEN" and Garret Gulch Equity Venture, LLC at 501 Morrison Rd., Suite 100, Gahanna, OH 43230 (Print Owner's Full Name) (Print Owner's Legal Mailing Address) daytime phone number: (970) 300-2120 , hereinafter referred to as "Licensee", WHEREAS, Licensee is the owner of the following described properties located in the City of Aspen, Pitkin County, Colorado Street Address: 322 E. Bleeker St„ Aspen, CO 81611 Legal Address: 501 Morrison Rd., Suite 100, Gahanna, OH 43230 WHEREAS, said properties about the following described public right(s)-of-way (name of streets/alleys impacted): 1) City alley extending from Mill St. west to the north end of the property (vehicular access); 2) City right of way including sidewalk, curb and gutter and landscape WHEREAS, Licensee desires to encroach upon said right-of-way for the following purposes and as shown and described in Exhibit "A", attached to this License. Describe Exhibit "A": North exhibit: Concrete retaining wall structure at the west end of the alley from Mill St.; South exhibit: Sod, Trees, Irrigation, Snowmelted Sand Set Pavers with uplights, sidewalk, curb and gutter adjacent to Bleeker St. WHEREAS, Section 21.04.050 of City of Aspen Municipal Code delegates the authority to the City Engineer to grant encroachment licenses, WHEREAS, ASPEN agrees to the grant of a private license of encroachment as built subject to certain conditions, THEREFORE, the consideration of the mutual agreement hereinafter contained ASPEN and Licensee covenant and agrees as follows: A revocable license is hereby granted to Licensee to occupy, maintain and utilize the above described portion of public Right-of-way for the purposes described. This license is granted for a specific use and within a specified term as checked above, subject to being terminated at any time and for any reason at the sole discretion of the City Engineer of the City of Aspen. This license shall be subordinate to the right of ASPEN to use said area for any public purposes. City of Aspen - Engineering Department, 130 South Galena Street, Aspen Colorado 81611-N970-920-5080 REVISED. 1212012017 3 The Licensee clearly understands the following actions of Licensee or his/her agents and employees shall automatically terminate and cancel this agreement: 1) Discontinuation of insurance coverage 2) Change of ownership or alteration of use from the original specific use in encroached area 3) Restriction of ASPEN or its agents and contractors from access to its public land under the encroached area not occupied by a previously constructed building Under these circumstances, the Licensee shall restore the right-of-way under the encroachment to its original or better conditions immediately and in accordance with the latest Engineering Department standards for improvements of Public right of way. IN WITNESS WHEREOF, the parties exec d-this reement at ASPEN the day and year first written. <_ (0ce "e signature must be notarized) THE FOLLOWING SECTION MUSTBECOMPLETED BYANOTARY PUBLIC: BARBARA J. D'AUTRECHY STATE OF COLORADO) Notary Public State of Colorado ) SS. Notary ID # 20074042687 County of Pitkin ) My Commission Expires 06-1 1.2021 The foregoing instrument was acknowledged before me this r Day of T� 20_1�_. by �5 �.[r � ��+�z N,� 1 V'e�,��� L L (Licensee). (Printl. se !V s) WITNESS MY HAND AND OFFICIAL SEAL. Notary commission expires: Lo ` L' 211e) (Address) CONDITIONS of APPROVAL (if any): BY: CITY of ASPEN, ENS (DO NOT WRITE BELOW THIS LINE... FOR CITY IJSE. ONLY) (Notary Public) DATE: Tll9 City of Aspen - Engineering Department, 130 South Galena Street, Aspen Colorado 81611 ff 970-920-5080 REVISED: 12/20/2017 5 5 S.F.-f- colv CR 'SibP rp 4 1[�FATkD WALK *soD4E-NCROACHMENT 218 S.F.± LAN CAPE- I,A�)Sq F, iiNCR0ACHMFNT 42.3 S.F.± ji 74 A spl,i,- M rl WINDO WELL o W F 5- 0, $0, DF'I'All, 3 7935 (17121119 GPOLPHIC SCALE 44, s ppa- .0 1.- GARRUrFGULCH ]:.Q[JrVY VE.IrIJIMP, LI.0 1'.Jul NO Yz9k'd (TTY Or A.qTP.N, COI ORADO I.S00, IRN Rill C(I X/LANDSCAPT: , F.NCROACIIMIA.Kr Ph," c (97.1, i 4 kk JW.y J. 2109 LOT 2,202 N. MONARCH ST SUB. 322/324 K HLEEKER ST. I OF I LOT LOT D 7R,ih.[— �'7° I a #S REBAR 8" CONCRETE WALI & CAP L.S. ENCROACHMENT #28643 (HATCHED AREA) sift. 1OJ2' SOD 4LQ 20 69 R Y 780,11" ASPH LT �— 7887.2' In I i I5' EASEMENT PER- BK 354 PG 7 LOT E I /I ASPHALT ELEC.- TRANS. (TYP.) 7881 S - h b049,11, .3 f , p�ANT�R T `RECESSED � ad SL r LIGIIT rrT _ a qaa �lN v - a UPPER LEVEL v d 4 d CONCRETE PATIO • d.. 4 DAYWELL RIM=7882.23' BO _-7873.58' II 4" PVC=7979.58' SEWER SUMP PIT - UNABLE TO OPEN LOT 2 N 202 NORTH MONARCH STREET SUB. MULTI LEVEL WOOD S' & STEEL FRAME TOWNHOME 6,031 S.F f 0 00 BUILDING SETBACK r PER COA COMMUNITY 1840, DEVELOPMENT ISETBACK U f f' N 'ER OA COM1AUNI'CY � ?ER C 4.5 f1I1 nr�s=r r�p�errv�- ^` >,n a�veYrp !r f • a W E 01 pa d`- 3793- '• p• :y DETAIL = `v Fr' 07/25/19 GRAPHIC SCALE „_ T 1w6 S '�. q�swe in :r fc' No. r.— Rr,m. n. GARRETT GULCH EQUITY VENTURE, LLCCITY P,.j lNO OF ASPEN, COLORADO 15007 P.P. qm I'++R Rin�,co81650 KENC-EOX[119TT WALL ENCROACHMENT EXH. rm,,t (970)69-71954LOT Fac(970) 579-7150 2,202 N. MONARCH ST SUB. 322/324E.BLEEKERST. IOFI Nincc 20>a'[ •�. MHOFF EVIDENCE OF PROPERTY INSURANCE DA7116/2019�`I THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. AGENCY IrC�71F E (970) 245-8011 COMPANY i A A C.N. . xi V HUB International Insurance Services (COL) Atlantic Specialty Ins. Co. 2742 Crossroads Blvd Grand Junction, CO 81506 FAX E71AIL (A/C, Na):(866) 908•6374 All )RE;SS CODE: SUB GOOF: CUSTOMERIOAs! ICORULTD-01 LICeTISe # 0757776 INSURED Garrett Gulch Equity Venture LLC 2551 Dolores Way Carbondale, CO 81623 LOCATIONIDESC RI PTION LOAN NUMBER I POLICY NUMBER 790022453=1 EFFECTIVE DATE EXPIRATION DATE (�.p�7T 6/1/2017 811/2019 [ T ENI TT pIF CH ECKED THIS REPLACES PRIOR EVIDENCE DATED: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGE INFORMATION PFRILS_lNSURESL I rnsic I I BROAD SPECIAL 11 COVERAGEIPERILSIFORMS Builders' Risk - 324 E. Bleaker St., Aspen, CO 81611 Limit at any one location Limit Limit per disaster Limit Limit at temporary location Limit Transit limit Limit ■agc1r_vt&;i AMOUNT OF INSURANCE I DEDUCTIBLE 1I 10, $6. $6. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. NAME AND ADDRESS ADDIT[ONAL INSURED LENDER'S LOSS PAYABLE u LOSS PAYEE MORTGAGEE - - — — City of Aspen LOAN # Engineering Department 130 South Galena Street AUTHORIZED REPRESENTATIVE Aspen, CO 81611 -17 L /7 ACORD 27 (2016/03) ©1993-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD KORULTD-01 CERTIFICATE OF LIABILITY INSURANCE ` DATE (MM DDNYYY) 019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confor rights to the certificate holder in lieu of such endorsement s). PRODUCER License # 0757776 AROPCT Jessica Bogdan HUB International Insurance Services (COL) PHONE 7207-2413 l FAx 2742 Crossroads Blvd {AIC, No, Exali (20 . f IIVC, No):(866) 243-0727 Grand Junction, CO 81506,2-p&`4ksS:1eeglca•bagdan@hLtbinternational.com _ INSURER(SJAFFORDINGCOVERAGE NAIL- _ INSUReaA:Colony_InsuranceCompany___ 39993 INSURED INSURER B:United_SpecialtyInsurance Company. 12537 Garrett Gulch Equity Venture LLC INSURF.aC.. — 2551 Dolores Way 04UREFtn: Carbondale, CO 81623 INSURER E INSURER F : nnt�rc�wn�c r•_ccTti WILIUMPR• REVISION NUMBER: V THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES- LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR — IAOOLISUBR—LICYEFF POLICYE%P LTRTYFEQF INSURANCE POLICY NUMBER Bpp LIMITS A ]( COMMERCIAL GENERAL LIABILITY EACH r1CCllRRENG.h 2,000,000 CLAIMS -MADE I X OCCUR X X 103GL001828200 6/1/2017 811/2019 DAM°vETnR; NTt p 100,000 ; XP1Z.E)Ylli$.{lC,18(cnr$}. Project Specific GL A1I 01=xP�►ulyoneporsw+} S Excluded ~_ aE13$OrIALSAi1V.IN1LtRv ; 21000,000 2r000,400 ULAGGREGATELIMIT APPLIES PER: GI;HEFtALARDREGATE 5 -4 X POLICY[ - , LOC PROD[ C IS • OOThP10P AGG 5 Z'OQ8r000 OTI1 'R C-a;k=1NAA. 3l.0 CIh11T AUTOMOBILE LIABILITY ICa llcudpAtl.. — ANY AUTO BOO)LY IN& Y-(Perperson)- 4_ OWNED SCHEDULED AUR�TF�OppS ONLY A(U�yT�O(S]y��H 1NIU�7FAIY_[Pp7 p AiYT& A()rOS ONLY pHROOIIrY iPer%nWLnl) MA S _ ONLY B UMBRELLA LIAR X C-N ..EACH OCCURRCE S 3,000,000 X EXCEs8L1AB!OCCUR CLAIMS -MADE IBTN1713939 6/1/2017 8/112019 AGGREGATE $ _ 3,000,000 OE I X IRETFMPON $ 0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N -PA"i.4111 ANY PROgqPRI�RIETOj� E L EACH-ACC1pENT $ EER/PARTNER/EXECUTIVE EXCLUDED? U N I A fkllulSEII&I in NH) E L OI SEASE - EA EMPLOYEE 5 If yes, describe under DESCRIPTION OF OPERATIONS below t 1. DISEASE • POCKY LIM IT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may he attached if more space is required) City of Aspen is included as additional Insured under General Liability. City of Aspen Engineering Department 130 South Galena Street Aspen, CO 81611 IY►\rr \.CLEW 1 PWIAV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 103 GL 0018282-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - ONGOING & COMPLETED OPERATIONS - PRIMARY & NON-CONTIBUTORY OTHER INSURANCE This endorsement modifies insurance provided under the following- COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) And Description Of Operations All persons or organizations as required by written As designated in written contract with the Named contract with the Named Insured Insured A. SECTION II — WHO IS AN INSURED is amended to include as additional insured the person(s) or organization(s) shown in the SCHEDULE above, but only with respect to: 1. liability for "bodily injury" or "property damage" caused, in whole or in part, "your work" at the location designated and described in the SCHEDULE above performed for that additional insured and included in the "products -completed operations hazard". 2. liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. your acts or omissions; or b. the acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. the insurance afforded to such additional insured only applies to the extent permitted by law; and 2. if coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III — LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. required by the contract or agreement; or 2. available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. U462-0116 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 2 with its permission. 103 GL 0018282-00 C. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance is amended and the following added: The insurance afforded to the additional insured designated in the SCHEDULE above is primary insurance and we will not seek contribution from any other insurance available to that additional insured under your policy provided that: 1, the additional insured designated in the SCHEDULE above is a Named Insured under such other insurance; and 2. you have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U462-0116 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 2 with its permission. 103 GL 0018282-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any rights of recovery we may have against any person or organization because of payments we make for injury or damage resulting from your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" if: a. you agreed to such waiver; b. the waiver is included as part of a written contract or lease; and c. such written contract or lease was executed prior to any loss to which this insurance applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U047-0310 Includes copyrighted material of ISO Properties, Inc., Page 1 of 1 with its permission.